Today, Foley & Lardner LLP succeeded in preventing institution on all three inter partes reviews (IPRs) against a patent covering OraceaTM, a drug manufactured by Galderma Laboratories, L.P. On August 20, 2015, Dr. Reddy’s Laboratories filed three petitions against Galderma’s patent, which Galderma asserted in litigation against Dr. Reddy’s Laboratory after its filing of an Abbreviated New Drug Application for OraceaTM. The patent at issue, U.S. Patent No. 8,603,506, is listed in the Orange Book for OraceaTM and relates to the treatment of rosacea.
Foley was assisted in the IPRs by Paul Hastings LLP, who is lead counsel in the parallel litigation, Galderma Laboratories L.P. et al v. Dr. Reddy's Laboratories Ltd. et al (DED-1-15-cv-00670).
“This represents a second attempt to invalidate a patent through the IPR process pertaining to the OraceaTM product,” said Stephen B. Maebius, lead Foley partner on the matter. “Following our successful defense of the first IPR attack, we are very pleased that the Board denied institution of all three petitions filed against the new OraceaTM patent in this second wave.”
In addition to Stephen Maebius, the Galderma team included partner Sunit Talapatra.
Foley’s Patent Office Trials practice has handled more than 120 post-grant proceedings for petitioner and patent owner clients. The Patent Office Trials group is a unique hybrid practice that offers clients a high degree of flexibility and efficiency for the United States Patent and Trademark Office's post-grant proceedings where IPR, covered business method (CBM) or post grant review (PGR) is the only proceeding or where there is parallel litigation.